Apple v. Samsung: judge sets November date for damages retrial

SAN JOSE -- A federal judge Monday set a November retrial for Apple to try to persuade a jury to restore about $450 million damages in its patent battle with smartphone and tablet rival Samsung.

During a testy two-hour hearing, U.S. District Judge Lucy Koh ordered a five-day retrial on the issue, which will mark the latest legal round in the long-running global court fight over Apple's claims that Samsung copied iPhone and iPad technology in its popular products such as the Galaxy line of smartphones.

The trial will begin Nov. 12.

In March, Koh slashed about $450 million from the $1 billion jury award Apple won last August, concluding the jury's calculations were improper and excessive for more than a dozen of the Samsung devices it concluded infringed Apple's patent rights.

As a result, Apple is seeking a retrial on that portion of the case.

In a separate decision Monday, Koh rejected Samsung's bid to push the case forward to the U.S. Federal Circuit Court of Appeals before resolving the damages retrial. Samsung argued that at least the remainder of the jury's verdict could immediately be tested in the appeals court.

For now, Samsung continues to flood the market with its Galaxy smartphones and tablets as Apple's patent challenges unfold. Another trial is set for next March in a second patent lawsuit Apple filed against Samsung over newer smartphone and tablets.

Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at Twitter.com/hmintz